Severe Reprimand

[Mediman14]

Forgive me if this question has been asked before, I did search for it but came up empty handed!  What is a severe reprimand /reprimand exactly? My guess it'S just strictly administrative! Could someone tell me or give me the reference for this?

Thanks

 

[OldSolduer]

Forgive me if this question has been asked before, I did search for it but came up empty handed!  What is a severe reprimand /reprimand exactly? My guess it'S just strictly administrative! Could someone tell me or give me the reference for this?

Thanks

They are punishments according to QR&Os Vol II. Its not administrative.

A severe rep can have career implications. Having said all this, I think consulting an AJAG would be the best thing to do.

 

[mariomike]

Could someone tell me or give me the reference for this?

National Defence Act (R.S.C., 1985, c. N-5)
163. (3)

Summary Trials by Commanding Officers

(4) A commanding officer may, subject to regulations made by the Governor in Council and to the extent that the commanding officer deems fit, delegate powers to try an accused person by summary trial to any officer under the commanding officer’s command, but an officer to whom powers are delegated may not be authorized to impose punishments other than the following:

(a) detention not exceeding fourteen days;


(b) severe reprimand;


(c) reprimand;


(d) a fine not exceeding basic pay for fifteen days; and


(e) minor punishments.
http://laws-lois.justice.gc.ca/eng/acts/n-5/page-53.html

39. Severe Reprimand and Reprimand. A superior commander has the authority to impose the punishment of a severe reprimand or a reprimand on officers below the rank of LCol or NCMs above the rank of sergeant. COs and delegated officers may only impose the punishment of a reprimand. The punishments of a severe reprimand and a reprimand may be accompanied by the punishment of a fine. A superior commander may impose a severe reprimand or a reprimand to an officer below the rank of lieutenant-colonel or to a NCM above the rank of sergeant. COs and delegated officers may impose a reprimand on officer cadets, sergeants, master corporals and corporals.

40. The punishments of severe reprimand and reprimand primarily reflect the retributive goal of punishment. However these punishments also incorporate both general and specific deterrence. They are punishments which are primarily disciplinary in nature and which are intended to reflect a sanction against misconduct related to the rank and status of the offender. The punishments of a severe reprimand and a reprimand are intended to stand out as a blemish on the career record of the offender. In imposing this punishment recognition should be given to the place which these punishments hold on the scale of punishments. A severe reprimand is higher on the scale of punishments than a reprimand. They are both higher on the scale of punishments than fines and minor punishments. They are not subject to automatic removal from the member's conduct sheet after one year.
http://www.forces.gc.ca/en/about-reports-pubs-military-law-summary-trial-level/ch-14-sentencing-punishment.page#n44

See also this discussion,

Military Justice System
http://army.ca/forums/threads/119378/post-1370369.html#msg1370369
Reply #10

 

[McG]

A reprimand is a punishment that says "we are displeased with you" and a sever reprimand says "we are very displeased with you."  That is all they do, and there are no automatic career implications. 

That being said, remedial measures or an AR should have been initiated for whatever act or omission warranted such a punishment.  Likewise, an adverse PER is probably warranted too.  But, the obligation is on the unit to do the administration.

 

[Wookilar]

One of the biggest things is the part about "They are not subject to automatic removal from the member's conduct sheet after one year."
(actual charges and such get removed after a while)

They stay forever. Now, as MCG says, if that matters or not depends on the current unit and supervisor.

I have seen instances cross my desk where there was virtually career stopping implications (which were absolutely warranted due to the circumstances IMHO) [member finished their contract, but was not offered additional terms of service] and another instance where the member went on to be promoted (multiple times) and finish at 35 years.

 

[Franko]

One of the biggest things is the part about "They are not subject to automatic removal from the member's conduct sheet after one year."
(actual charges and such get removed after a while)

They stay forever. Now, as MCG says, if that matters or not depends on the current unit and supervisor.

I have seen instances cross my desk where there was virtually career stopping implications (which were absolutely warranted due to the circumstances IMHO) [member finished their contract, but was not offered additional terms of service] and another instance where the member went on to be promoted (multiple times) and finish at 35 years.

AFAIK - they stay on your conduct sheet permanently.

 

[SeaKingTacco]

Sentences involving fines under $200 are supposed to be removed after a year, IIRC...

 

[dapaterson]

Sentences involving fines under $200 are supposed to be removed after a year, IIRC...

As long as there are no further disciplinary actions during that time.  See DAOD 7006-1.  http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7006-1.page

DAOD 7016-1 provides information on having an item removed from a conduct sheet; CAF members can request a pardon to have it expunged from their conduct sheet.  http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7016-1.page

 

[Fishbone Jones]

Sentences involving fines under $200 are supposed to be removed after a year, IIRC...

AFAIK - they stay on your conduct sheet permanently.

I don't know if its been changed, but removal used to consist of simply drawing a red line through the particulars on the Conduct sheet.

A Presiding Officer was supposed to ignore anything that was lined through :

 

[dapaterson]

Policy is that if something is removed, a new sheet is to be drawn up.

 

[da1root]

It's been policy for quite some time now that if a charge is taken off a conduct sheet that a new one is typed up (like dapaterson states), this is what was taught on my QL3's back in 2001
Not saying all units have been doing it that was, but that's what I was taught at CFSAL (erm I mean CFLTC) way back then

 

[Fishbone Jones]

When I retired and asked for all my service records, it was just lined out. I released in 2013.

 

[George Wallace]

It's been policy for quite some time now that if a charge is taken off a conduct sheet that a new one is typed up (like dapaterson states), this is what was taught on my QL3's back in 2001
Not saying all units have been doing it that was, but that's what I was taught at CFSAL (erm I mean CFLTC) way back then

When I retired and asked for all my service records, it was just lined out. I released in 2013.

Just an indication of the differences one may experience in the CAF when dealing with RMS staff.  It will all depend on the training that the RMS staff had, at what date they were trained and how much experience the staff may have acquired in Trade.  Not to mention  what policies have changed and how those policies were promulgated; plus whether or not they were being followed.  It also will depend on the dedication of the staff, or lack of, towards their work; as well as the amount of work being assigned them.  There are so many factors that affect our record keeping and what the end results will be. 
Once again pointing out to members to maintain their own "Shadow Files" at home to keep track of all their administration/correspondence, medical records, pay records, Lve Records, Posting Msgs, etc.

 

[CountDC]

I did my training in 80s and was taught a new one had to be done up when something was removed.  In 2013 you should not have recieved it with a line through. That was someone not knowing, being lazy or both - not knowing and too lazy to check that it was right.

 

[George Wallace]

I did my training in 80s and was taught a new one had to be done up when something was removed.  In 2013 you should not have recieved it with a line through. That was someone not knowing, being lazy or both - not knowing and too lazy to check that it was right.

Always the worse type to run across in one's career.  [

 

[Haggis]

CAF members can request a pardon to have it expunged from their conduct sheet.  http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7016-1.page

Pardons were done away with a few years ago.  The process to "set apart" a conviction under a federal statute is now known as a "Record Suspension".  There is an existing thread on the topic here.

 

[dapaterson]

Pardons were done away with a few years ago.  The process to "set apart" a conviction under a federal statute is now known as a "Record Suspension".  There is an existing thread on the topic here.

Except the DAOD has not been updated...

 

[Haggis]

Except the DAOD has not been updated...

.... and probably will not be for quite some time.

Once a member is granted a Record Suspension, s/he must bring the document to their OR.  Their Conduct Sheet will be amended in the same manner as if they had received a pardon.